BREVARD COUNTY, Fla. — The debate over Florida's death penalty is playing a major role in a death row case in Brevard County.
Attorneys for Anthony Welch asked a judge Monday that Welch's sentencing trial be delayed.
The 36-year-old was convicted of killing Kyoko and Rufus Johnson. The couple was violently killed inside their Melbourne home in 2000.
Welch was sentenced to death, but the sentence was vacated by the Florida Supreme Court because of an issue during jury selection.
Attorney Mike Pirolo told a judge on Monday that there could be another issue if Welch's sentencing trial begins before the Florida Legislature addresses pending bills that affect death penalty cases.
"What's before the Legislature now is whether or not aggravated circumstances should be found. We are the only state in the country that doesn't do that," Pirolo said. "The second prong to that is a recommendation for death would have to be unanimous."
Prosecutors were ready to start the sentencing trial in two weeks, but the judge granted the defense's motion for a continuance. Attorneys from both sides will return to court in June to try to set a new sentencing trial date.
WFTV
